The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1088 of 2025 Sagar Mahapatra & Ors. ..... State of Odisha & Ors. -versus- ..... Petitioners Mr. K.C. Sahoo, Advocate Opposite Parties Mrs. Sarita Moharana, ASC Mr. Bibudhendra Dash, Advocate CORAM: THE HON'BLE DR. JUSTICE SANJEEB K. PANIGRAHI Order No. ORDER 01.09.2025 05. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners, by filing the Writ Petition, have sought for a direction from this Court to the Opposite Party No.3/ the Commissioner, BMC, Bhubaneswar to implement the office order dated 27.08.2024 pursuant to the order of this Court passed on 05.03.2024 in W.P(C) No.4712 of 2024. 3. Learned counsel for the Petitioners submits that the Petitioners had made several representations to the Opposite Parties ventilating their grievance for their
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 10:55:06 Page 1 of 5. identification, recognition declaration and registration as the slum dwellers of ‘Maruti Vihar Slum Dwellers Basti’ of Ward No.20 under the administration of the Opposite Party No.3/ The Commissioner, B.M.C., Bhubaneswar in order to avail all kinds of Government help as applicable to them as laid down in the statute of the State Government and the rules framed thereunder. However the Petitioners had managed to obtain a copy of the Office Order No.3396 dated 18.07.2023 passed by the Zonal Deputy Commissioner (North) under the authority of B.M.C. in which a term of six subordinate officers had been formed for field verification on the grievance petition of the Petitioners to declare them as slum dwellers of "Maruti Vihar Slum Dwellers Basti" fixing the date to 20.07.2023 to verify the detail information of the Petitioners and verify their claim identity, the boundary claim area and examine whether their claim slum is contiguous or seated, survey of RAY, verify the number of households as per claim. But, since then the said order yielded no result. 4. As the above mentioned office order of the Zonal Deputy Commissioner (North) under the authority of the Opposite party No.3/ The Commissioner, B.M.C., Bhubaneswar had not been duly complied with as Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 10:55:06 Page 2 of 5. directed by him, the petitioners had made representation to Opposite Party No.l to consider their grievance and take action, accordingly. But, the Opposite Party No.l had issued a letter vide No. 15993 dated 10.08.2023 to the Opposite Party No.3/ The Commissioner, B.M.C., Bhubaneswar to take action upon the grievance of the Petitioners regarding non-listing of Maruti Vihar as "MARUTI VIHAR SLUM DWELLERS BASTI" under the Opposite Party No.3. But, the said letter yielded no result during the passage of time no action had been taken by the Opposite Parties particularly Opposite Party No.3/ The Commissioner, B.M.C., Bhubaneswar upon the representations of the petitioners and official communications, the petitioners had again made a representation to the Opposite Party No.l and the Opposite Party No.3 separately on 06.02.2024 to consider their grievance and to take action accordingly. Since the date of receipt of the representation by the Opposite Parties, no action had been taken by the Opposite Parties upon the grievance of the petitioners. As the Opposite Party No.3 had not taken any action upon the representation of the petitioners made on 06.02.2024, the petitioners finding no other efficacious remedy were constrained to file W.P.(C) No.4712/2024 to redress their Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 10:55:06 Page 3 of 5. grievance. This Court was pleased to pass an order on 05.03.2024 thereby directing the Opposite Party No.3 to dispose the representation of the petitioners made on 06.02.2024 within a period of three months from the date of receipt of certified copy of this order. 5. After receipt of the said order of this Court passed in W.P.(C) No.4712/2024 by the Opposite party No.3, a letter was issued to the petitioners to attend the hearing on 07.06.2024 before the Addl. Commissioner, B.M.C. under the authority of the Opposite Party No.3 upon the representation made by them on 06.02.2024 to the Opposite party No.3 pursuant to the direction of this Court, passed on 05.03.2024 in W.P.(C) No.4712/2024. Pursuant to the above mentioned letter, a meeting was held under the Chairmanship of the Addl. Commissioner, B.M.C. on 07.06.2024, in which the petitioners demanded to identify and declare them as slum dwellers of the "MARUTI VIHAR SLUM DWELLERS BASTI" under Ward No.20 of B.M.C. However, it is unanimously decided to allow them to form S.D.A. Accordingly, the Addl. Commissioner, B.M.C. issued a letter to Zonal Deputy Commissioner (North Zone) to take steps and cooperate them at their level for termination of S.D.A. of Maruti Vihar, Saliasahi, Ward No.20 under the authority Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 10:55:06 Page 4 of 5. of Opposite party No.3. The Opposite Party No.3 after considering the report of the Zonal Commissioner (North Zone) and going through the minutes of the proceedings of the meeting held under the Chairmanship of the Addl. Commissioner, B.M.C. decided that the representation of the petitioners may be considerable as per procedure for formation of SDA in BMC area. But yet no action has been taken by the Opposite Party No.3 for which the Petitioners are compelled to file this instant Writ Petition. 6. Considering the submissions made by the learned counsel for the Petitioners and on going through the averments made in this Writ Petition, this Court is of the view that since the Commissioner has passed an order considering the request of the prayer of the present Petitioners, the Commissioner, B.M.C., Bhubaneswar/Opposite Party No.3 is directed to implement the office order dated 27.08.2024 within a period of one month from today. 7.
Decision
The Writ Petition is, accordingly, disposed of. Judge (Dr. Sanjeeb K. Panigrahi) Page 5 of 5. Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 10:55:06